Found Deceased ID - William 'Bo' Kirk, 41, Post Falls, 22 Oct 2016 *Arrest*

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skibaboo said:
Legal terms always confuse me, plus I'm British. But the medias motion to have the case unsealed appears to have been successful.

Dated yesterday. Yet nothing in the media yet? Did they grow a conscience?
Click to expand...

No. It takes a day or two after unsealing for the records to be available to the public. It was probably unsealed right before the close of business.


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Suglo said:
No. It takes a day or two after unsealing for the records to be available to the public. It was probably unsealed right before the close of business.


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Click to expand...

Ahh ok. Thanks!
 
The motion to unseal the documents yesterday was made pursuant to Idaho Court Administrative Rule 32i. Here is the pertinent rule. You need to scroll down quite a bit to get to subsection i.

https://isc.idaho.gov/icar32


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This thread has been awfully quiet today. Guess the media has been quiet for once.
 
SammieJean said:
This thread has been awfully quiet today. Guess the media has been quiet for once.
Click to expand...

Yeah, not much to report today. I wonder if (hopefully) someone in the immediate family got to KREM 2, because all I've heard is crickets from them after supposedly unsealing the file.

My guess is there won't be much until Hutto's next court appearance, which should be the 10th I believe.

Still waiting to be contacted about insider verification, for what it's worth.
 
Good morning wonderful people,

I agree with the remark in the following article from an "estranged family member" who believes that the charge should be 'first degree' murder and not 'second degree'.

My belief is that even if this was a case of road rage that the fact that a decision had been made to target Bo demonstrates premeditation.
To me, there is no other way of looking at this. When something is planned, even for minutes before the crime it is premeditated. When someone is chosen as a "target" then
a conscious decision has been made and this is premeditation. A plan is in place. Maybe not the details yet, but a plan has been decided upon.

I hope and pray, along with all of you, that the charge is changed to 1st degree murder. According to the Statutes of Idaho there should be a charge
of 'capital homicide'.

http://www.myfoxspokane.com/bo-kirks-family-want-hutto-prosecuted-to-fullest-extent/
 
I promise I won't keep going on about this. Just came across this article about a man who waited outside a building and killed his ex-girlfriend's new boyfriend.
He was charged with first degree murder. That would mean life in prison.

Maybe no one agrees with me (and that is okay) but what is the difference between hiding outside a building with the intent to harm someone with a gun and
the fact that Bo was chosen as a "target" and was followed home to kidnap and kill him. In both cases, decisions were made to target someone and as well,
a gun was used in both cases.

Hutto knew how his 'plan to target' Bo would end because there is no way they could let him go because he would be able to recognize their faces. There was
no other way for this to 'end' other than Bo being murdered. Especially because Hutto had warrants pending and he was already a criminal.

From this article,
http://cdapress.com/news/local_news/article_f2b14ff8-4ce9-543c-9f4e-fa988c61dcee.html
According to Perez, Hutto has active warrants in other states and has a prior record for offenses including fraud, theft, burglary and grand larceny.



This just makes me believe that Hutto should be charged with first degree murder. I truly believe this.

If Hutto was charged with first degree murder and the jury had a choice of first or second degree murder that would make more sense to me. But at least I wish that he could be charged with first degree murder now. Hutto is a dangerous offender and should spend the rest of his life in prison.

http://www.idahostatesman.com/news/local/crime/article73532077.html

In the following article a man is charged with first degree murder over a road rage incident:
http://www.twcnews.com/nys/buffalo/news/2016/10/3/man-charged-with-first-degree-murder-in-road-rage-incident.html

Here is another article about a man who randomly started shooting at another vehicle during road rage. He was charged with first degree murder. It is
interesting to note that there was no kidnapping involved in this case, no theft at atms which happened during Bo's assault and subsequent murder.
http://www.dailymail.co.uk/news/article-3370502/Truck-driver-charged-degree-murder-50-mile-road-rage-shooting-spree-killed-two-passing-drivers.html
 
zencompass said:
I promise I won't keep going on about this. Just came across this article about a man who waited outside a building and killed his ex-girlfriend's new boyfriend.
He was charged with first degree murder. That would mean life in prison.

Maybe no one agrees with me (and that is okay) but what is the difference between hiding outside a building with the intent to harm someone with a gun and
the fact that Bo was chosen as a "target" and was followed home to kidnap and kill him. In both cases, decisions were made to target someone and as well,
a gun was used in both cases.

Hutto knew how his 'plan to target' Bo would end because there is no way they could let him go because he would be able to recognize their faces. There was
no other way for this to 'end' other than Bo being murdered. Especially because Hutto had warrants pending and he was already a criminal.

From this article,
http://cdapress.com/news/local_news/article_f2b14ff8-4ce9-543c-9f4e-fa988c61dcee.html
According to Perez, Hutto has active warrants in other states and has a prior record for offenses including fraud, theft, burglary and grand larceny.



This just makes me believe that Hutto should be charged with first degree murder. I truly believe this.

If Hutto was charged with first degree murder and the jury had a choice of first or second degree murder that would make more sense to me. But at least I wish that he could be charged with first degree murder now. Hutto is a dangerous offender and should spend the rest of his life in prison.

http://www.idahostatesman.com/news/local/crime/article73532077.html

In the following article a man is charged with first degree murder over a road rage incident:
http://www.twcnews.com/nys/buffalo/...irst-degree-murder-in-road-rage-incident.html

Here is another article about a man who randomly started shooting at another vehicle during road rage. He was charged with first degree murder. It is
interesting to note that there was no kidnapping involved in this case, no theft at atms which happened during Bo's assault and subsequent murder.
http://www.dailymail.co.uk/news/art...hooting-spree-killed-two-passing-drivers.html
Click to expand...

Great stuff, I couldn't agree more.

“all murder which is perpetrated by means of poison, or lying in wait, or torture, when torture is inflicted with the intent to cause suffering, to execute vengeance, to extort something from the victim, or to satisfy some sadistic inclination, or which is perpetrated by any kind of willful, deliberate and premeditated killing is murder of the first degree.”

Also, first degree kidnapping is also punishable by death in Idaho:

18-4502. FIRST DEGREE KIDNAPPING -- RANSOM. Any kidnapping committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of such person kidnapped, or committed for the purpose of raping, or committing the infamous crime against nature, or committing serious bodily injury upon the person kidnapped, or committing any lewd and lascivious act upon any child under the age of sixteen (16) years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of any person, shall be kidnapping in the first degree.

18-4504. PUNISHMENT -- LIBERATION OF KIDNAPPED PERSON. 1. Every person guilty of kidnapping in the first degree shall suffer death or be punished by imprisonment in the state prison for life, provided a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4504A, Idaho Code, and provided further that the sentence of death shall not be imposed if prior to its imposition the kidnapped person has been liberated unharmed.

They obviously kidnapped him for the purpose of murdering him. This should be an easy charge to pursue even if they can't go for first degree murder.

Source: https://legislature.idaho.gov/idstat/Title18/T18CH45.htm
 
I agree and IMO, DH's charge will likely be upgraded to 1st degree murder as they're just proceeding cautiously while the case is built. My brother-in-law was killed in a road rage incident, the coward followed him less than a mile before opening fire on him in a parking lot. Less than 10 minutes from the initial encounter to the killing, yet he was found guilty of 1st degree murder, showing premeditation in the following (stalking) of my brother in law, stopping and getting out of the vehicle to approach my BIL armed. It was his 3rd conviction with a firearm and he was sentenced to life without the possibility of parole. Unfortunately, there was no death penalty option. IMO, the cowards that commit these heinous crimes should meet the same fate as their victims, in the same manner of death.


zencompass said:
I promise I won't keep going on about this. Just came across this article about a man who waited outside a building and killed his ex-girlfriend's new boyfriend.
He was charged with first degree murder. That would mean life in prison.

Maybe no one agrees with me (and that is okay) but what is the difference between hiding outside a building with the intent to harm someone with a gun and
the fact that Bo was chosen as a "target" and was followed home to kidnap and kill him. In both cases, decisions were made to target someone and as well,
a gun was used in both cases.

Hutto knew how his 'plan to target' Bo would end because there is no way they could let him go because he would be able to recognize their faces. There was
no other way for this to 'end' other than Bo being murdered. Especially because Hutto had warrants pending and he was already a criminal.

From this article,
http://cdapress.com/news/local_news/article_f2b14ff8-4ce9-543c-9f4e-fa988c61dcee.html
According to Perez, Hutto has active warrants in other states and has a prior record for offenses including fraud, theft, burglary and grand larceny.



This just makes me believe that Hutto should be charged with first degree murder. I truly believe this.

If Hutto was charged with first degree murder and the jury had a choice of first or second degree murder that would make more sense to me. But at least I wish that he could be charged with first degree murder now. Hutto is a dangerous offender and should spend the rest of his life in prison.

http://www.idahostatesman.com/news/local/crime/article73532077.html

In the following article a man is charged with first degree murder over a road rage incident:
http://www.twcnews.com/nys/buffalo/...irst-degree-murder-in-road-rage-incident.html

Here is another article about a man who randomly started shooting at another vehicle during road rage. He was charged with first degree murder. It is
interesting to note that there was no kidnapping involved in this case, no theft at atms which happened during Bo's assault and subsequent murder.
http://www.dailymail.co.uk/news/art...hooting-spree-killed-two-passing-drivers.html
Click to expand...
 
Dear Soanyway,

I am deeply saddened and shocked to hear what happened to your brother-in-law. I am sorry for your loss and your family's loss.

Road rage murderers need to have a separate charge of their own in the Statutes. The charge should either be first degree murder or
capital homicide.

Thank you for explaining about the charge.

You are such a kind and thoughtful person and I am sorry that your brother-in-law was taken from your life in such a horrific way.

Every time you recall a wonderful memory of him that could be his light shining in your heart. Our loved ones never really leave us.

Namaste,
 
Thank you, Zencompass. Losing my BIL was devastating for us and I pray for BK's family as they seek justice. The media is not always kind, they said my BIL was shot when he "confronted" the perp (because he got out of his car and turned to see why the guy had followed him into the parking lot). My BIL was not armed and didn't make it 2 steps, he did not provoke the attack. Regardless of what occurs on a roadway, there is no justification for murdering someone in cold blood. Road rage is not a "spur of the moment" crime, it is anger-filled and deliberate. With my BIL, one of the perp's previous convictions was for shooting at teenagers in the back of a pickup truck. As with so many, my BIL would still be alive had the killer served his entire sentence (early release despite habitual fighting while incarcerated).
 
I still don't believe it was random or a result of road rage, but I am glad to hear he's being charged with 1st degree murder.
 
Great to hear the charges are being upgraded to 1st Degree Murder, 1st Degree Kidnapping, Robbery, and Arson.

I came across this article which offers two new details that I was not yet aware of:

http://www.myfoxspokane.com/unsealed-documents-shed-new-light-on-bo-kirk-investigation/

- There was a third suspect who investigators were questioning Hutto about

- Justin Booth's information is how investigators learned of Hutto's involvement (already suspected this, but now it seems to be confirmed)


So is it possible that Booth turned himself in unsolicited, fearful that he'd be caught anyways and wanted to salvage a deal?
 
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